Research On The Judicial Determination Of The Crime Of Violating Citizens’ Personal Information

Relying on the rapid development of the Internet,especially the application of big data and the construction of the network information environment,the current society has formed a huge amount of interactive information with the Internet as an important medium.With the generation of huge information flows,the personal information of citizens began to play an indispensable role in social life and communication.While the risks faced by the personal information of citizens hidden behind the invisible network began to gradually reveal.Personal information is obtained and used through a variety of illegal means.It has become one of the most important criminal assets in society today.Based on the above phenomenon,China has introduced a series of laws,regulations and related judicial interpretations concerning the regulation and protection of personal information.However,due to the instantaneous and virtual nature of the Internet and the posteriority of the law,there are still some controversies and difficulties in the judicial determination of the crime of infringement of personal information of citizens in current practice.In order to better solve the above problems,there is an urgent need to explore a reasonable way to judicially determine the crime of infringement of personal information of citizens.And to realize the in-depth discussion on the difficult issues of judicial determination of the crime of infringement of personal information of citizens.Specifically,on the basis of a review of the legislative process of the offence,the specific aspects of the offence in its judicial application should be clarified with regard to its composition and the specific legal interests infringed.And further from the object of the crime,the manner of conduct,the basis for judging the aggravation of the circumstances of the crime,analyze the current situation of the determination of such specific elements,add the necessary elements of the determination and the manner of determination.At the same time,the difficulties in identifying the joint criminality and criminal form of this crime are clarified and effective countermeasures are proposed.